UPSC Prelims Practice Questions — Fair and square
Q1. In the context of the Tenth Schedule of the Constitution of India, the term 'condonation' — invoked recently by the AIADMK leadership to protect 21 cross-voting MLAs — refers to which one of the following?
- A. A formal pardon granted by the Speaker that retrospectively legalises a member's defiance of the party whip
- B. A written waiver by the authorised party leader, issued within 15 days of the vote, that nullifies the ground of disqualification arising from voting against or abstaining from a party whip
- C. A resolution passed by two-thirds of the legislative party absolving a dissenting member from disqualification proceedings
- D. A judicial order by the High Court staying disqualification proceedings pending the Speaker's decision
Q2. Under the Tenth Schedule of the Constitution, within how many days from the date of voting or abstention contrary to the party whip must the political party condone such conduct to save the member from disqualification?
- A. 7 days
- B. 10 days
- C. 15 days
- D. 30 days
Q3. Who is the sole adjudicating authority on a question whether a member of a State Legislative Assembly has become subject to disqualification under the Tenth Schedule of the Constitution?
- A. The Governor of the State, acting on the advice of the Council of Ministers
- B. The Election Commission of India
- C. The Speaker of the Legislative Assembly
- D. The High Court of the State exercising original jurisdiction
Q4. With reference to the legal position under the Tenth Schedule before the 91st Constitutional Amendment Act, 2003 and the position thereafter, consider the following statements:
1. Before the 91st Amendment, a 'split' in a legislature party involving not less than one-third of its members was a recognised defence against disqualification, but this defence has since been abolished.
2. Both before and after the 91st Amendment, a merger of the original political party with another party requires the agreement of not less than two-thirds of the members of the legislature party concerned to escape disqualification.
3. After the 91st Amendment, the 15-day window available to a political party to condone a member's defiance of the whip has been reduced to 7 days.
Which of the statements given above is/are correct?
- Before the 91st Amendment, a 'split' in a legislature party involving not less than one-third of its members was a recognised defence against disqualification, but this defence has since been abolished.
- Both before and after the 91st Amendment, a merger of the original political party with another party requires the agreement of not less than two-thirds of the members of the legislature party concerned to escape disqualification.
- After the 91st Amendment, the 15-day window available to a political party to condone a member's defiance of the whip has been reduced to 7 days.
- A. 1 and 2 only
- B. 1 only
- C. 2 and 3 only
- D. 1, 2 and 3